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Carriage Goods Sea Act 1925
Carriage Goods Sea Act 1925
Section 5 Modification of Article VI of Rules in relation to goods carried in sailing ships and by
prescribed routes.
Article VI of the Rules shall, in relation to (a) the carriage of goods by sea in sailing ships carrying goods from any port in [Pakistan] to
any other port whether in or outside [Pakistan], and
(b) the carriage of goods by sea in ships carrying goods from a port in [Pakistan] notified in this
behalf in the [official gazette] by the [Central Government] to a port [in] [India or Ceylon]
specified in the said notification, have effect as though the said Article referred to goods of any
class instead of to particular goods and as though the proviso to the second paragraph of the
said Article were omitted.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
MSection 6 Modification of Rules 4 and 5 of Article III in relation to bulk cargoes.
Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading
is a weight ascertained or accepted by a third party other than the carrier or the shipper and
the fact that the weight is so ascertained or accepted is stated in the bill of lading, then,
notwithstanding anything in the Rules, the bill of lading shall not be deemed to be prima facie
evidence against the carrier of the receipt of goods of the weight so inserted in the bill of
lading, and the accuracy thereof at the time of shipment shall not be deemed to have been
guaranteed by the shipper.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
Section 7. Saving and operation
7. (1) Nothing in the this Act shall affect the operation of sections four hundred and forty six to
four hundred and fifty, both inclusive, five hundred and two, and five hundred and three of the
Merchant Shipping Act, 1894, as amended by any subsequent enactment, or the operation of
any other enactment for the time being in force limiting the liability of the owners of sea-going
vessels.
(2) The Rules shall not by virtue of this Act apply to any contract for the carriage of goods by
sea before such day, not being earlier than the first day of January, 1926, as the [Central
Government] may, by notification in the [official Gazette], appoint, nor to any bill of lading or
similar document of title issued, whether before or after such day as aforesaid, in pursuance of
any such contract as aforesaid.
RULES RELATING TO BILLS OF LADING.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
SCHEDULE
RULES RELATING TO BILLS OF LADING
Article 1. Definitions.
In these Rules the following expressions have the meanings hereby assigned to them
respectively, that is to say(a) Carrier includes the owner or the charterer who enters into a contract of carriage with a
shipper :
(b) Contract of carriage applies only to contracts of carriage covered by a bill of lading or any
similar document of title, in so far as such document relates to the carriage of goods by sea
including any bill of lading or any similar document as aforesaid issued under or pursuant to a
charter party from the moment at which such bill of lading or similar document of title regulates
the relations between a carrier and a holder of the same :
(c) Goods includes goods, wares, merchandises, and articles of every kind whatsoever, except
live animals and cargo which by the contract of carriage is stated as being carried on deck and
is so carried :
(d) Ship means any vessel used for the carriage of goods by sea :
(e) Carriage of goods covers the period from the time when the goods are loaded on the time
when they are discharged from the ship.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
Article II Risks
Subject to the provisions of Article VI, under every contract of carriage of goods by sea the
carrier, in relation to the loading, handling, stowage, carriage, custody, care, and discharge of
such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and
immunities hereinafter set forth.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
Article III Responsibilities and Liabilities
1. The carrier shall be bound before and at the beginning of the voyage, to exercise due
diligence to(a) make the ship seaworthy :
(b) properly man, equip, and supply the ship :
(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which
goods are carried, fit and safe for their reception, carriage and preservation.
2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle,
stow, carry, keep, care for and discharge the goods carried.
3. After receiving the goods into his charge, the carrier, or the master or agent of the carrier,
shall, on demand of the shipper, issue to the shipper a bill of lading showing among other
things (a) The leading marks necessary for identification of the goods as the same are furnished in
writing by the shipper before the loading of such goods starts, provided such marks are
stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings
in which such goods are contained, in such a manner as should ordinarily remain legible until
the end of the voyage :
(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as
furnished in writing by the shipper :
(c) The apparent order and condition of the goods :
Provided that no carrier, master or agent of the carrier, shall be bound to state or show in the
bill or lading any marks, number, quantity, or weight which he has reasonable ground for
suspecting not accurately to represent the goods actually received, or which he has had no
reasonable means of checking.
4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as
therein described in accordance with paragraph 3 (a), (b) and (c).
5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of
shipment of the marks, number, quantity, and weight, as furnished by him, and the shipper
shall indemnify the carrier against all loss, damages, and expenses arising or resulting from
inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit
his responsibility and liability under the contract of carriage to any person other than the
shipper.
6. Unless notice of loss or damage and the general nature of such loss or damage be given in
writing to the carrier or his agent at the port of discharge before or at the time of the removal
of the goods into the custody of the person entitled to delivery thereof under the contract of
carriage, or, if the loss or damage be not apparent, within three days, such removal shall be
prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.
The notice in writing need not be given if the state of the goods has at the time of their receipt
been the subject of joint survey or inspection.
or failure in the duties and obligations provided in this Article or lessening such liability
otherwise than as provided in these Rules, shall be null and void and of no effect.
A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier from
liability.
4. Any deviation in saving or attempting to save life or property at sea, or any reasonable
deviation shall not be deemed to be an infringement or breach of these Rules or of the contract
of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.
5. Neither the carrier nor the ship shall in any event be or become liable for any loss or damage
to or in connection with goods in an amount exceeding 100% per package or unit, or the
equivalent of that sum in other currency, unless the nature and value of such goods have been
declared by the shipper before shipment and inserted in the bill of lading.
This declaration if embodied in the bill of lading shall be prima facie evidence, but shall not be
binding or conclusive on the carrier.
By agreement between the carrier, master or agent of the carrier and the shipper another
maximum amount than that mentioned in this paragraph may be fixed, provided that such
maximum shall not be less than the figure above named.
Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in
connection with goods if the nature or value thereof has been knowingly mis-stated by the
shipper in the bill of lading.
6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier,
master or agent of the carrier, has not consented, with knowledge of their nature and
character, may at any time before discharge be landed at any place or destroyed or rendered
innocuous by the carrier without compensation, and the shipper of such goods shall be liable for
all damages and expenses directly or indirectly arising out of or resulting from such shipment.
If any such goods shipped with such knowledge and consent shall become a danger to the ship
or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous
by the carrier without liability on the part of the carrier except to general average, if any.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
Article VI Special Conditions
Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the
carrier, and a shipper shall in regard to any particular goods be at liberty to enter into any
agreement in any terms as to the responsibility and liability of the carrier for such goods, and as
to the rights and immunities of the carrier in respect of such goods, or his obligation as to
seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence
of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care,
and discharge of the goods carried by sea, provided that in this case no bill of lading has been
or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a
non-negotiable document and shall be marked as such.
Any agreement so entered into shall have full legal effect :
Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary
course of trade, but only to other shipments where the character or condition of the property to
be carried or the circumstances, terms and conditions under which the carriage is to be
performed, are such as reasonably to justify a special agreement.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
Article VII Limitations on the Application of the Rules
Nothing herein contained shall prevent a carrier or a shipper form entering into any agreement,
stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier
or the ship for the loss or damage to or in connection with the custody and care and handling
of goods prior to the loading on and subsequent to the discharge from the ship on which the
goods are carried by sea.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
Article VIII Limitation of Liability
The provisions of these Rules shall not affect the rights and obligations of the carrier under any
Statute for the time being in force relating to the limitation of the liability of owners of sea
going vessels.
The Carriage of Goods by Sea Act, 1925 (Pakistan)
Article IX The monetary units mentioned in these Rules are to be taken to be gold value.